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The Challenges of Sharia Fintech Regulation in Indonesia: A Global Comparative Analysis Durianto, Darmadi; Hasana, Dahniarti; Fareha, Nur; Maharani, Dewi Nadya
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.19-30

Abstract

The purpose of this study is to analyze Sharia-compliant fintech regulations in both countries and provide recommendations to strengthen their regulatory frameworks. Financial technology (fintech) has transformed the global financial industry landscape by introducing innovations that accelerate access to financial services. Sharia-compliant fintech, as part of this development, plays a critical role in providing financial services that comply with Sharia principles, such as the prohibition of riba, gharar, and maysir. The study found that Sharia-compliant fintech regulations in several countries, such as Indonesia and Bangladesh, are still in their infancy. Existing regulations are often not fully aligned with the needs of Sharia-compliant fintech, highlighting the need for a more comprehensive and inclusive regulatory approach. In Indonesia, the Financial Services Authority and Bank Indonesia have issued several policies to support fintech development, but there is still no specific regulation for Sharia-compliant fintech. In Bangladesh, the development of Sharia-compliant fintech is supported by Islamic banking initiatives, although a more mature regulatory framework is still needed. By adopting best practices from countries such as Malaysia, which have developed more advanced regulations for Sharia-compliant fintech, both countries can increase financial inclusion and create a more sustainable fintech ecosystem.
Civil Law Reform from the Perspective 0f Economic Development: Improving Investor and Entrepreneur Protection Durianto, Darmadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5364

Abstract

Civil law reform is an important topic in the context of today's global economic development. This study uses a qualitative method through a literature study to explore the relationship between civil law reform and investor and entrepreneur protection, focusing on Article 1313 of the Indonesian Civil Code (KUHPerdata). The article regulates "Recognition and Ratification of Agreements", becoming a relevant legal basis in strengthening the protection framework for investors and entrepreneurs. From the perspective of economic development, strong legal protection for business agreements is crucial in attracting investment and facilitating sustainable economic growth. Through a qualitative analysis of the legal literature, this study presents an in-depth understanding of how Article 1313 of the Civil Code and civil law reform as a whole can contribute to strengthening protection for investors and entrepreneurs. The findings of this study provide valuable insights for policymakers, legal practitioners, and academics to develop more effective legal reform strategies in supporting inclusive and sustainable economic development.